Bill Text: TX HB2015 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to employment termination for falsification of military record in obtaining employment or employment benefits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Defense & Veterans' Affairs [HB2015 Detail]
Download: Texas-2015-HB2015-Introduced.html
| 84R5998 KSD-D | ||
| By: Sheets | H.B. No. 2015 | |
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| relating to employment termination for falsification of military | ||
| record in obtaining employment or employment benefits. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act shall be known as the Stolen Valor Act. | ||
| SECTION 2. Title 3, Labor Code, is amended by adding Chapter | ||
| 105 to read as follows: | ||
| CHAPTER 105. EMPLOYMENT TERMINATION FOR FALSIFICATION | ||
| OF MILITARY RECORD IN OBTAINING EMPLOYMENT OR EMPLOYMENT BENEFITS | ||
| Sec. 105.001. DEFINITIONS. In this chapter: | ||
| (1) "Employee" means an individual who is employed by | ||
| an employer for compensation. | ||
| (2) "Employer" means a person who employs one or more | ||
| employees. | ||
| (3) "Military record" has the meaning assigned by | ||
| Section 32.54, Penal Code. | ||
| Sec. 105.002. EMPLOYMENT TERMINATION; EMPLOYMENT CONTRACT | ||
| VOID AND UNENFORCEABLE. (a) An employer may discharge an employee, | ||
| regardless of whether the employee is employed under an employment | ||
| contract with the employer, if the employer determines, based on a | ||
| reasonable belief, that the employee, in obtaining the employee's | ||
| employment or any benefit relating to the employee's employment, | ||
| falsified or otherwise misrepresented any information regarding | ||
| the employee's military record in a manner that would constitute an | ||
| offense under Section 32.54, Penal Code. | ||
| (b) An employment contract entered into by an employer with | ||
| an employee discharged by the employer under this section is void | ||
| and unenforceable as against public policy. | ||
| Sec. 105.003. SUIT TO APPEAL TERMINATION. An employee who | ||
| was employed by an employer under an employment contract on the date | ||
| of the employee's termination and who believes the employee was | ||
| wrongfully terminated under Section 105.002 may bring suit against | ||
| the employer in a district court in the county in which the | ||
| termination occurred for appropriate relief, including rehiring or | ||
| reinstatement to the employee's previous job, payment of back | ||
| wages, and reestablishment of employee benefits to which the | ||
| employee otherwise would have been eligible if the employee had not | ||
| been terminated. | ||
| SECTION 3. Chapter 105, Labor Code, as added by this Act, | ||
| applies only to an employee termination that occurs on or after the | ||
| effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
